Sentences with phrase «arbitration fees and costs»

Each party shall bear one half of the arbitration fees and costs incurred, and each party is responsible for its own lawyer fees.
Each party shall bear one half of the arbitration fees and costs incurred, and each party shall bear its own lawyer fees.

Not exact matches

In the event that you are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, NBCUniversal will pay as much of your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost - prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim (s) were frivolous or asserted in bad faith;
If your claim is for less than $ 75,000, upon written request to the Notice Address prior to commencement of the arbitration, HBO will advance the arbitration filing fee and arbitrator's costs by direct payment to the appropriate entity.
If the arbitration is decided in your favor - which occurs if there is an award to you that is greater than the value of HBO's last written settlement offer made before an arbitrator was selected - you will not be required to reimburse HBO for any of the fees and costs advanced.
If the arbitration proceeding is decided in HBO's favor, you shall reimburse HBO for the fees and costs advanced to the extent available in a judicial proceeding.
Each party will bear the expense of the fees and costs of that party's attorneys, experts, witnesses, documents and other expenses, regardless of which party prevails, for arbitration and any appeal (as permitted below), except that the arbitrator shall apply any applicable law (and the section of this Agreement entitled «Collection Costs») in determining whether a party should recover any or all fees and costs from another pcosts of that party's attorneys, experts, witnesses, documents and other expenses, regardless of which party prevails, for arbitration and any appeal (as permitted below), except that the arbitrator shall apply any applicable law (and the section of this Agreement entitled «Collection Costs») in determining whether a party should recover any or all fees and costs from another pCosts») in determining whether a party should recover any or all fees and costs from another pcosts from another party.
If we undertake collection or legal action to enforce our remedies or any arbitration provisions under the terms of this Agreement, you agree to pay our attorney's fees, expenses, and litigation costs to the extent permitted by law.
Given that this Agreement provides for mandatory mediation and arbitration, if any party commences litigation in violation of this provision, such party shall reimburse the other parties to the litigation for the costs and expenses, including attorneys» fees, incurred in seeking to abate such litigation and compel arbitration.
It should discuss the details of your management fee schedule, your written financial planning fee schedule, ticket charges and trading costs, arbitration, how you handle discretion, 12b - 1 fees, and all of the legal details about how you bill and do everything.
If any arbitration or other proceeding is brought to enforce or interpret this Agreement or matters relating to it, the substantially prevailing party, as determined by the arbitrator's award, will be entitled to recover reasonable attorneys» fees and other costs and expenses incurred in such arbitration or proceeding from the other party, in addition to any other relief to which such prevailing party is entitled; provided that in no event will the arbitrator have the authority to award punitive damages.
We specialize solely in the placement of litigation finance, Attorney Fee Insurance and Adverse cost (fee - shifting insurance) to help manage litigation and arbitration riFee Insurance and Adverse cost (fee - shifting insurance) to help manage litigation and arbitration rifee - shifting insurance) to help manage litigation and arbitration risk.
As the study itself explains, the cost of the arbitrator's fees and institutional costs are only a small component of the overall cost of bringing an arbitration claim (approximately 20 % as cited in the study).
The agreement actually stated: «In addition to the Legal Fee or the Court / arbitration - ordered Costs, you agree to pay all expenses, even if we can not settle your claim and / or you lose at trial.»
Binding arbitration has much higher filing fees than ordinary court and is usually faster than ordinary court, but litigation costs for the parties tend to be similar to ordinary court.
That said, family lawyers are increasingly looking at ways to manage and reduce costs for family clients, including fixed fees for procedural steps instead of hourly rates and directing clients to methods of resolving disputes outside of the overburdened court process such as mediation, collaborative law and arbitration
With respect to fairness, while those commentators accept that the actual costs of the arbitration paid for by the funder are potentially recoverable (cf. Kardassopoulos & Fuchs vs. The Republic of Georgia ICSID case no ARB / 05/18 and case no ARB / 07/15), they maintain that the uplift or success fee «is neither a party's cost, nor the damage suffered by the funded party... [but is] a result of a contract privy to the funder and the funded party» (Henriques).
The costs of the arbitration fall into two categories: 1) the costs associated with the arbitral process, namely the arbitrator's fees and those of the administrative body, if any, and 2) counsel fees and the costs of the preparation and presentation of a party's case.
Attorney Fee Insurance is a policy taken out by a plaintiff to provide coverage for the attorney fees and / or out of pocket costs they pay when pursuing a commercial dispute (litigation or arbitration).
Upfront fees payable to arbitral institutions and the deposit for the tribunal's costs are usually shared by the parties in international arbitrations.
Many times mediation or arbitration is most effective when there is a lawsuit on file, and the insurance company wants to settle without incurring more costs and defense attorney fees.
2013) 718 F. 3d 1052 (the mere risk that plaintiff will face prohibitive costs is too speculative to justify invalidating arbitration agreement), on the ground that the fee provision was not speculative and there were other unconscionable terms.
For example: (a) subject to confirmation of appointment by the BVI IAC, parties are free to nominate an individual for appointment as arbitrator, whether or not that person is included in the BVI IAC's panel of arbitrators (article 7 (4)-RRB-; (b) the Secretariat has the power to change time periods under these Rules (e.g. articles 4 (1), 8 (2)(b), 9 (3) and 41 (4)-RRB-; (c) arbitrations can be brought to the BVI IAC under contracts and other legal instruments (e.g., article 23 (1)-RRB-; (ix) provide that the responsibility for fixing fees and expenses of the arbitral tribunal, the costs of expert advice and of other assistance required by the arbitral tribunal and the administrative expenses of the BVI IAC lies with the Secretariat (article 42).
The term «costs» includes only: (a) The fees of the arbitral tribunal to be stated separately as to each arbitrator; (b) The reasonable travel and other expenses incurred by the arbitrators; (c) The reasonable costs of expert advice and of other assistance required by the arbitral tribunal; (d) The reasonable travel and other expenses of witnesses to the extent such expenses are approved by the arbitral tribunal; (e) The legal and other costs incurred by the parties in relation to the arbitration to the extent that the arbitral tribunal determines that the amount of such costs is reasonable; (f) The fees and expenses of the Secretariat, including the fees and expenses of the appointing authority.
Arbitral proceedings shall be deemed to commence on the date on which the notice of arbitration is received by the Secretariat, subject to the BVI IAC's actual receipt of the registration fee prescribed in the BVI IAC's Schedule of fees and costs (the «registration fee»).
The arbitration fees clause between the parties stated: «The prevailing party in any arbitration or litigation will be entitled to recover all attorneys» fees (including if the firm is the prevailing party, the value of the time of all professionals in our firm who perform legal services in connection with the dispute, computed at their normal billing rates), all experts» fees and expenses and all costs (whether or not these costs would be recoverable under the California Code of Civil Procedure) that may be incurred in obtaining or collecting any judgment and / or arbitration award, in addition to any other relief to which that party may be entitled.»
It is the ideal tool for clients who wish to self - finance their lawyers fees and / or out of pocket costs, and has the potential to fundamentally alter how Canadian corporate enterprises manage their litigation and arbitration budgets going forward.
Any dispute between us relating to our representation of you, including, without limitation, claims for breach of contract, professional negligence, breach of fiduciary duty, misrepresentation, fraud and disputes regarding attorney fees and / or costs charged shall be submitted to binding arbitration through the Cincinnati Bar Association, upon the written request of one party after the service of that request on the other party.
Beyond choosing a litigation or arbitration forum, parties can allocate costs and fees, alter pleading standards, adjust evidentiary and discovery rules, and customize nearly every aspect of the adjudication process.
Accordingly, although, as in the case of litigation in England, recoverable costs in ICC arbitration can be very significant, as they include the costs incurred by parties in presenting their cases such as legal fees and expenses (whereas legal fees and expenses are not normally recoverable in litigation in e.g. France, Japan or the United States), the Sealed Offer has been little used in ICC arbitration until now.
(2) After the final Award has been made, the claim has been withdrawn, a settlement has been reached or the arbitration has been abandoned, the Centre shall apply any deposits it holds to the costs of the arbitration, including any arbitration tribunal fees and disbursements, as well as administrative fees and expenses.
In an ICC arbitration these costs would include not just R's share of the arbitrator (s) fees and expenses and the administrative expenses of the ICC but also the costs incurred by R in presenting its case, such as lawyers» fees and expenses, which typically constitute by far the largest amount of arbitration costs.
(3) In the event the arbitration tribunal awards costs, it shall specify the amounts of the fees and expenses so awarded or the method for the determination of those amounts.
Below are the mean and median costs of 56 arbitrations in which the arbitral tribunal was paid by hourly rate and those of 6 arbitrations in which the arbitral tribunal was paid by reference to an ad valorem fee scale.
In an award issued on May 3, 2018 the ICSID arbitration tribunal rejected all claims brought against Kosovo and ordered the claimant to pay more than $ 2 million to Kosovo for fees and costs incurred by Kosovo in defending against the claim.
You and we will pay the administrative and arbitrator's fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require Gigaom to pay a greater portion or all of such fees and costs in order for this Section 13 to be enforceable, then Gigaom will have the right to elect to pay the fees and costs and proceed to arbitration.
TopResume will pay all arbitration filing fees and the arbitrator's costs and expenses upon your written request given prior to the commencement of the arbitration.
You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys» fees or expert witness fees and expenses.
The Prevailing Party also sought reimbursement of its costs and attorney's fees for bringing the action to confirm the arbitration award.
a) Owner shall indemnify Broker and hold Broker harmless from losses, damages, costs and expenses of any nature, including attorney's fees and from liability to any person, that Broker incurs because of (1) Owner's negligence, representations, misrepresentations, actions or inactions, (2) the use of a lock box, (3) the existence of undisclosed material facts about the Property, or (4) a court or arbitration decision that a broker who was not compensated in connection with a transaction is entitled to compensation from Broker.
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